Gibson Et Al. v. City Indianapolis Et Al‪.‬

This is an appeal from a judgment of the Marion Circuit Court following the sustaining of a demurrer to appellants' Paragraph 1 and amended Paragraph 2 of complaint. Appellants filed a complaint in two paragraphs, the first being an appeal from a decision of the Board of Sanitary Commissioners in an annexation proceeding, and the second paragraph for an injunction against the performance of a sewer contract. The City of Indianapolis filed a demurrer to each original paragraph of complaint. During the time the court had the same under advisement, the appellants filed an amended second paragraph of complaint. Thereafter the court entered an order sustaining the demurrer not only to the first paragraph of complaint, but to the amended second paragraph of complaint, to which no demurrer had been filed. The court's entry was as follows: ""The Court having had this cause under advisement, now finds for the Defendants (appellees) that the Plaintiffs (appellants) take Nothing by their Complaint. The Court denies an injunction as prayed in paragraph II, as Amended, and refuses Plaintiffs' Prayer to Paragraph I of Complaint asking that Resolution #1390-1960 of the Board of Sanitary Commissioners be held invalid and set aside. The Court finds that said Resolution is valid. The cost are taxed against the Plaintiffs (appellants).""